United States v. Jose Chavarriya-Mejia

Defendant-Appellant Jose Chavarriya-Mejia pleaded guilty to illegal entry into the United States. He appeals his sentence, arguing that the district court erred in applying a 16-level increase under U.S.S.G. § 2L1.2 because statutory rape is not a “crime of violence.” 1

BACKGROUND

In 1994 or 1995, Chavarriya-Mejia illegally entered the United States. While in the United States, Chavarriya-Mejia was convicted by a Kentucky state court of an aggravated felony: rape in the third degree. What Kentucky law defines as rape in the third degree is commonly known as “statutory rape.” 2 See Ky.Rev.Stat.…